Article 13 of the Constitution of Singapore
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Article 13 of the Constitution of the Republic of Singapore, guarantees a prohibition against banishment and the right to freedom of movement.


Text of Article 13

Article 13 of the
Constitution of the Republic of Singapore The Constitution of the Republic of Singapore is the supreme law of Singapore. A constitution#Written versus unwritten; codified versus uncodified, written constitution, the text which took effect on 9 August 1965 is derived from the Constitut ...
guarantees to all persons a prohibition against banishment and the right to freedom of movement. It states:
Article 13. Prohibition of banishment and freedom of movement
(1) No citizen of Singapore shall be banished or excluded from Singapore. (2) Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders, every citizen of Singapore has the right to move freely throughout Singapore and to reside in any part thereof. Article 13(1) embodies the concept of the
rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
, an early expression of which was the 39th article of the
Magna Carta (Medieval Latin for "Great Charter of Freedoms"), commonly called (also ''Magna Charta''; "Great Charter"), is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the ...
of 1215: "No freeman shall be ... exiled ... except by the lawful judgment of his peers or by the
law of the land The phrase ''law of the land'' is a legal term, equivalent to the Latin ''lex terrae'', or ''legem terrae'' in the accusative case. It refers to all of the laws in force within a country or region, including statute law and case-made law. Use in ...
."


Prohibition Against Banishment and Freedom of Movement


Meaning of ''Banishment''

The courts have not yet had the opportunity to define the term ''banishment'' in Article 13(1).


Meaning of ''Freedom of Movement''

''Lo Pui Sang v. Mamata Kapildev Dave'' (2008) took a narrow approach to the reading of ''personal liberty'' in Article 9(1). The High Court of Singapore held that ''personal liberty'' only refers to freedom from unlawful incarceration or detention, and does not include a liberty to contract. Although it was suggested this had always been the understanding of the term, no authority was cited.


Meaning of ''Subject to any law''

Subject to any law relating to the security of Singapore or any part thereof, public order, public health or the punishment of offenders


Fundamental rules of natural justice

In the Malaysian case ''Arumugam Pillai v. Government of Malaysia'' (1976), the Federal Court construed the phrase ''save in''


= Extent of natural justice

= In ''Ong Ah Chuan'' and the subsequent decision '' Haw Tua Tau v. Public Prosecutor'' (19


= A procedural or substantive concept?

= Traditionally, at common law, natural justice is taken to be a procedural concept that embodies the twin pillars of ''
audi alteram partem (or ) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evide ...
'' (hear the other party) and '' nemo iudex in causa sua'' (no one should be a judge in his or her own case.


Customary international law


Application


Prohibition Against Banishment


Prohibition Against Banishment

This issue has yet to come before the Singapore courts.


Right to personal liberty


Rights of arrested persons

Article 9(2) of the Constitution enshrines the right of persons who have been detained to apply to the High Court challenging the legality of their detention. The application is for an order for review of detention, which was formerly called a
writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction; in modern usage, this body is generally a court. Warrants, prerogative writs, subpoenas, a ...
of ''
habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
''. The Court is required to inquire into the complaint, and order the detainee to be produced before the Court and released unless it is satisfied that the detention is lawful. Article 9(3) requires that an arrested person be informed "as soon as may be" of the grounds of his arrest. Article 9(4) goes on to provide that if the arrested person is not released he must, without unreasonable delay, and in any case within 48 hours (excluding the time of any necessary journey) be produced before a magistrate and cannot be further detained in custody without the authority of the magistrate. The person's attendance before the magistrate may be in person or by way of
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or other similar technology in accordance with law.


= Right to counsel

= Article 9(3) also states that an arrested person must be allowed to consult and be defended by a
legal practitioner A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
of his choice.


Restrictions on the rights to life and personal liberty

As mentioned above, Parliament is entitled to restrict the rights to life and personal liberty as long as it acts "in accordance with law". More specific restrictions on Article 9 include Article 9(5), which provides that Articles 9(3) and (4) of the Constitution do not apply to enemy aliens or to persons arrested for
contempt of Parliament In countries with a parliamentary system of government, contempt of Parliament is the offence of obstructing the legislature in the carrying out of its functions, or of hindering any legislator in the performance of his duties. Typology The conce ...
pursuant to a warrant issued by the
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** In ...
.


Detention under the Criminal Law (Temporary Provisions) Act and the Misuse of Drugs Act

Article 9(6) saves any law : (a) in force before the commencement of the Constitution authorizing the arrest and detention of any person in the interests of public safety, peace and good order; or : (b) relating to the misuse of drugs or intoxicating substances which authorizes the arrest and detention of any person for treatment and
rehabilitation Rehabilitation or Rehab may refer to: Health * Rehabilitation (neuropsychology), therapy to regain or improve neurocognitive function that has been lost or diminished * Rehabilitation (wildlife), treatment of injured wildlife so they can be retur ...
, from being invalid because of inconsistency with Articles 9(3) and (4). This provision took effect on 10 March 1978 but was expressed to apply to laws in force prior to that date. Introduced by the Constitution (Amendment) Act 1978, the provision immunizes the
Criminal Law (Temporary Provisions) Act The Criminal Law (Temporary Provisions) Act 1955 (often known by the abbreviation "CLTPA") is a Singapore statute that, among other things, allows the executive branch of the Government of Singapore to order that suspected criminals be detained ...
and Part IV of the Misuse of Drugs Act ("MDA"). from unconstitutionality. Preventive detention is the use of executive power to detain individuals on the basis that they are predicted to commit future crimes that will threaten national interest. Among other things, the Criminal Law (Temporary Provisions) Act empowers the
Minister for Home Affairs An interior minister (sometimes called a minister of internal affairs or minister of home affairs) is a cabinet official position that is responsible for internal affairs, such as public security, civil registration and identification, emergency ...
, if satisfied that a person has been associated with activities of a criminal nature, to order that he or she be detained for a period not exceeding 12 months if the Minister is of the view that the detention is necessary in the interests of public safety, peace and good order. Under the Misuse of Drugs Act, the Director of the Central Narcotics Bureau may order drug addicts to undergo drug treatment or rehabilitation at an approved institution for renewable six-month periods up to a maximum of three years.


Detention under the Internal Security Act

Section 8(1) of Singapore's
Internal Security Act Internal Security Act may refer to: *Internal Security Act 1960, former Malaysian law *Internal Security Act (Singapore) *McCarran Internal Security Act, a United States federal law *Suppression of Communism Act, 1950, a South African law, renamed ...
("ISA") gives the Minister for Home Affairs the power to detain a person without trial for any period not exceeding two years on the precondition that the
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
is: "satisfied ... that ... it is necessary to do so ... with a view to preventing that person from acting in any manner prejudicial to the security of Singapore ... or to the maintenance of public order or essential services therein". The period of detention may be renewed by the President indefinitely for periods not exceeding two years at a time as long as the grounds for detention continue to exist. The ISA has its constitutional basis in Article 149 of the Constitution, which sanctions preventive detention and allows for laws passed by the legislature against
subversion Subversion () refers to a process by which the values and principles of a system in place are contradicted or reversed in an attempt to transform the established social order and its structures of power, authority, hierarchy, and social norms. Sub ...
to override the Articles protecting the personal liberties of the individual. Specifically, Article 149(1) declares such legislation to be valid notwithstanding any inconsistency with five of the fundamental liberty provisions in the Constitution, including Article 9. Thus, detentions under the ISA cannot be challenged on the basis of deprivation of these rights..


References


Notes


Cases

* ''
Ong Ah Chuan v. Public Prosecutor ''Ong Ah Chuan v Public Prosecutor'' is a landmark decision delivered in 1980 by the Judicial Committee of the Privy Council on appeal from Singapore which deals with the constitutionality of section 15 of the Misuse of Drugs Act 1973 (No. 5 of ...
'
(1980) UKPC 32
981A.C. 648, 979–1980S.L.R.(R.) 'Singapore Law Reports (Reissue)''710,
Privy Council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
(on appeal from Singapore). * '' Haw Tua Tau v. Public Prosecutor'
(1981) UKPC 23
982A.C. 136, 981–1982S.L.R.(R.) 133, P.C. (on appeal from Singapore). * '' Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan''
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1 M.L.J. 'Malaya Law Journal''261,
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
(Malaysia). * ''
Washington v. Glucksberg ''Washington v. Glucksberg'', 521 U.S. 702 (1997), was a landmark decision of the U.S. Supreme Court, which unanimously held that a right to assisted suicide in the United States was not protected by the Due Process Clause. Background Dr. Harold ...
'' ,
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
(United States). * ''Sugumar Balakrishnan v. Pengarah Imigresen Negeri Sabah''
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3 M.L.J. 289, C.A. (Malaysia). * ''Nguyen Tuong Van v. Public Prosecutor'
(2004) SGCA 47
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1 S.L.R.(R.) 103,
Court of Appeal A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
(Singapore), archived fro
the original
on 15 November 2010. * '' Lee Kwan Woh v. Public Prosecutor''
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5 M.L.J. 301, Federal Court (Malaysia). * ''
Yong Vui Kong v. Public Prosecutor ''Yong Vui Kong v. Public Prosecutor'' was a seminal case decided in 2010 by the Court of Appeal of Singapore which, in response to a challenge by Yong Vui Kong, a convicted drug smuggler, held that the mandatory death penalty imposed by the ...
''
010 010 may refer to: * 10 (number) * 8 (number) in octal numeral notation * Motorola 68010, a microprocessor released by Motorola in 1982 * 010, the telephone area code of Beijing * 010, the Rotterdam Rotterdam ( , , , lit. ''The Dam on the R ...
3 S.L.R. 'Singapore Law Reports''489, C.A. (Singapore).


Legislation

* ("CLTPA"). * ("ISA"). * ("MDA"). * .


Other works

* . * .


Further reading


Articles

* . * . * . * . * . * .


Books

* * * * {{Constitution of Singapore Freedom of movement Singaporean constitutional law